CMI - SINGAPORE

The following Model National Law on Acts of Piracy or Maritime Violence is the result of deliberation by the Joint International Working Group on Uniformity of Law Concerning Acts of Piracy and Maritime Violence.1 It attempts to attack the problem of piracy and maritime violence by proposing a more systematic treatment of these serious problems through national law, under whose admiralty / maritime jurisdiction the great majority of relevant incidents fall. The intention of the Working Group is to present a series of proposals designed to achieve greater uniformity in the body of various national legal traditions rather than to produce a standard document. Similarly, penalties are not specified, but must be severe enough in the context of national criminal law to discourage illegal conduct. It is recognized that those governments undertaking a review of piracy and related laws possess particular expertise in their own national problems. By isolating several general trends, however, the Working Group hopes to bring the attention of national legislators to international considerations that have a direct impact on national jurisdiction and prosecution. The format in which these are presented in this model is not intended to shape the form of any national legislation; content rather than form is the Working Group’s concern. While the Working Group feels that its suggestions represent a balanced and coherent whole, States are encouraged to consider adapting any of the ideas herein, as even incremental change is likely to benefit effective legal coverage of this important topic.2

Section I: Definitions

1. Piracy is committed when any person or persons, for any unlawful purpose, intentionally or recklessly:

a) engages in piracy as the act is defined by article 15 of the 1958 Convention on the High Seas; or

b) engages in piracy as the act is defined by article 101 of the 1982 Convention on the Law of the Sea.3

2. Piracy is also committed when any person or persons, for any unlawful purpose, intentionally or recklessly:

a) engages in an act constituting piracy under the criminal code of [name of enacting State]; or

b) engages in an act previously held to constitute piracy by [name of the highest judicial court of the enacting State]; or

c) engages in an act deemed piratical under customary international law.

3. The crime of maritime violence is committed when any person or persons, for any unlawful purpose, intentionally or recklessly:

a) injures or kills any person or persons in connection with the commission or the attempted commission of any of the offenses set forth in sub-Sections I (3) (b)—(h); or

b) performs an act of violence against a person or persons on board a ship; or

c) seizes or exercises control over a ship or any person or persons on board by force or any other form of intimidation; or

d) destroys or causes damage to a ship or ship’s cargo, an offshore installation, or an aid to navigation; or

e) employs any device or substance which is likely to destroy or cause damage to a ship, its equipment or cargo, or to an aid to navigation; or

f) destroys or causes damage to maritime navigational facilities, or interferes with their operation, if that act would be likely to endanger the safe navigation of a ship or ships; or

g) engages in an act involving interference with navigational, life support, emergency response or other safety equipment, if that act would be likely to endanger the safe operation or navigation of a ship or ships or a person or persons on board a ship; or

h) communicates false information, endangering or being likely to endanger the safe operation or navigation of a ship or ships; or

i) engages in an act constituting an offense under article 3 of the 1988 Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation; or

j) engages in an act constituting an offense under article 2 of the 1988 Protocol for the Suppression of Unlawful Acts Against the Safety of Fixed Platforms Located on the Continental Shelf; or

k) engages in any of the acts described in sub-Sections II (3) (a)—(i), to the extent applicable, where such acts involve an offshore installation or affect a person or persons on an offshore installation.

4. Maritime violence is also committed when any person or persons, for any unlawful purpose, intentionally or recklessly endangers or damages the marine environment, or the coastline, maritime facilities or related interests of a State or States.

5. An attempt to commit any of the offenses listed in sub-Sections I (1), (2), (3) or (4), or any unlawful effort intended to aid, abet, counsel or procure the commission of any of these offenses, or threats to commit any of them, shall constitute maritime violence.

6. Notwithstanding the definitions in sub-Sections I (1), (2), (3), (4), and (5), reasonable acts to rescue a person or to recover stolen property or to regain lawful control of a ship or offshore installation shall not constitute piracy or maritime violence.

7. Notwithstanding the definitions in sub-Sections I (1), (2), (3), (4) and (5), reasonable or proportionate acts to protect a person, ship or offshore installation, or related property, against piracy or maritime violence shall not constitute piracy or maritime violence.

8. a) The term ship as used in this law includes any type of vessel or other water craft.

b) The term person as used in this law includes, where applicable, entities having juridical personality as well as individual natural persons.

Section II: Jurisdiction and Extradition

1. Jurisdiction to prosecute piracy as defined in sub-Sections I (1) (a)and (b) shall lie as set forth in the relevant Convention.

2. The offences defined in sub-Sections I (2), (3), (4) and (5) shall be prosecuted if committed within the territory, internal waters or territorial sea of [name of enacting State], and to the degree that the exercise of national jurisdiction is permitted by the 1958 Geneva Conventions on the High Seas and Contiguous Zone or the 1982 Convention on the Law of the Sea, within the exclusive economic zone, continental shelf, contiguous zone or archepelagic waters of [name of enacting State], and on the high seas or in any place outside the jurisdiction of any State.

3. The offences defined in Section I shall be prosecuted if committed:

a) on board a ship entitled to fly the flag of [name of enacting State], wherever located; or

b) on an offshore installation belonging to or licensed by [name of enacting State].

4. Jurisdiction to prosecute shall also lie when the person accused of committing an offence defined in Section I is a citizen or national of [name of enacting State], or is an alien resident in [name of enacting State], or is a stateless person.

5. Jurisdiction to prosecute shall also lie when an offence defined in Section I is committed against a seafarer, passenger or shipowner who is a citizen or national of, or is an alien resident in [name of enacting State].

6. Extradition to [name of enacting State] may take place when another State has jurisdiction over the offences defined in sub-Sections I (1), (2), (3), (4) or (5). The possession of jurisdiction by [name of enacting State] shall not preclude the extradition of an alleged offender to another State or States under appropriate circumstances.

7. Trial of an alleged offender in absentia shall be allowed as permitted under the law of [name of enacting State].

Section III: Prosecution, Punishment, Forfeiture and Restitution

1. An individual found guilty of the crime of piracy shall be subject to imprisonment for a term of not more than ____ years and/or a fine of not more than ____, in addition to any restitution or forfeiture which may be required, or any other penalties which might be imposed under [relevant national law(s) of enacting State].4

2. An individual found guilty of the crime of maritime violence shall be subject to imprisonment for a term of not more than ____ years and/or a fine of not more than ____, in addition to any restitution or forfeiture which may be required, or any other penalties which might be imposed under [relevant national law(s) of enacting State].4

3. An entity with juridical personality found guilty of the crime of piracy or the crime of maritime violence shall be subject to a fine of not more than ____, in addition to any restitution or forfeiture which may be required, or any other penalties which might be imposed under [relevant national law(s) of enacting State].4

4. In cases where any person is injured or killed in connection with an incident of piracy or maritime violence, the person found guilty of the crime shall also be liable to whatever penalties exist under [relevant national law(s) of enacting State] for the injury or death.

5. In cases of loss of or damage to property in connection with an incident of piracy or maritime violence, the person found guilty of the crime shall also be liable to any other applicable penalties.

6. If another State claims jurisdiction with regard to an incident of piracy or an act of maritime violence, and the alleged offender is not brought to trial in [name of enacting State], the alleged offender shall, subject to the provisions of [relevant national law(s) of enacting State], be extradited to the requesting State. If multiple States with reasonable jurisdictional claims make requests for extradition in the absence of a trial in [name of enacting State], the alleged offender shall, subject to the provisions of [relevant national law(s) of enacting State], be extradited to one of the requesting States.

7. Ships, cargo, goods, or equipment employed in or the subject of piracy or acts of maritime violence shall be liable to forfeiture to the State. In the case of stolen property, however, any person with title may assert a claim, and the court shall have discretion to return the property.

8. Ships, cargo, goods or equipment wrongfully taken by person(s) convicted of piracy or maritime violence which were not employed in such crime(s) shall be returned to the owners upon legal proof of ownership. Converted property shall be sold and the proceeds distributed to the lawful claimants according to admiralty/maritime law, with any balance remaining being forfeited to the State. Items not claimed within the period established by law may be subject to judicial sale, or transfer to a fund for financing State or regional action to fight piracy or maritime violence. Owners of ships or cargo shall not be charged for port expenses incurred during investigation or prosecution for piracy or acts of maritime violence.

9. Nothing in sub-Sections III (1), (2), (3), (4) or (5) shall compromise or affect any rights or remedies which a person injured by an act of piracy and/or maritime violence might otherwise assert against any perpetrator of the act or acts.

Section IV: Reporting of Incidents

1. Any incident which may constitute piracy or maritime violence shall be reported by the following, as applicable: (a) the Master,5 (b) the shipowner or manager, (c) the crew representative, (d) the cargo representative, (e) the insurers, (f) the investigating authorities, or (g) other persons having knowledge of the incident. Reports shall be made without delay and as soon as possible following receipt of knowledge of the incident. Reports shall be sent to [name of central national authority] and shall be in the form provided for by that authority.6

Each person or entity listed above has an obligation to report every known incident. This obligation may be met by filing a joint report, or by forwarding and commenting upon a report on the occurrence made by another listed person or entity.

2. The [name of central national authority] shall be under a continuing duty to make reports without delay and in the required formats to the International Maritime Organization (IMO)7 and the International Criminal Police Organization (INTERPOL).8

3. All incident reports made under (1) shall be open to the public. However, addenda marked "CONFIDENTIAL" and containing sensitive operational information shall not be open to the public.9





		Preamble The following Model National Law on Acts of Piracy or Maritime Violence is the result of deliberation by the Joint International Working Group on Uniformity of Law Concerning Acts of Piracy and Maritime Violence.1 It attempts to attack the problem of piracy and maritime violence by proposing a more systematic treatment of these serious problems through national law, under whose admiralty / maritime jurisdiction the great majority of relevant incidents fall. The intention of the Working Group is to present a series of proposals designed to achieve greater uniformity in the body of various national legal traditions rather than to produce a standard document. Similarly, penalties are not specified, but must be severe enough in the context of national criminal law to discourage illegal conduct. It is recognized that those governments undertaking a review of piracy and related laws possess particular expertise in their own national problems. By isolating several general trends, however, the Working Group hopes to bring the attention of national legislators to international considerations that have a direct impact on national jurisdiction and prosecution. The format in which these are presented in this model is not intended to shape the form of any national legislation; content rather than form is the Working Group’s concern. While the Working Group feels that its suggestions represent a balanced and coherent whole, States are encouraged to consider adapting any of the ideas herein, as even incremental change is likely to benefit effective legal coverage of this important topic.2 Section I: Definitions 1. Piracy is committed when any person or persons, for any unlawful purpose, intentionally or recklessly: a) engages in piracy as the act is defined by article 15 of the 1958 Convention on the High Seas; or b) engages in piracy as the act is defined by article 101 of the 1982 Convention on the Law of the Sea.3 2. Piracy is also committed when any person or persons, for any unlawful purpose, intentionally or recklessly: a) engages in an act constituting piracy under the criminal code of [name of enacting State]; or b) engages in an act previously held to constitute piracy by [name of the highest judicial court of the enacting State]; or c) engages in an act deemed piratical under customary international law. 3. The crime of maritime violence is committed when any person or persons, for any unlawful purpose, intentionally or recklessly: a) injures or kills any person or persons in connection with the commission or the attempted commission of any of the offenses set forth in sub-Sections I (3) (b)—(h); or b) performs an act of violence against a person or persons on board a ship; or c) seizes or exercises control over a ship or any person or persons on board by force or any other form of intimidation; or d) destroys or causes damage to a ship or ship’s cargo, an offshore installation, or an aid to navigation; or e) employs any device or substance which is likely to destroy or cause damage to a ship, its equipment or cargo, or to an aid to navigation; or f) destroys or causes damage to maritime navigational facilities, or interferes with their operation, if that act would be likely to endanger the safe navigation of a ship or ships; or g) engages in an act involving interference with navigational, life support, emergency response or other safety equipment, if that act would be likely to endanger the safe operation or navigation of a ship or ships or a person or persons on board a ship; or h) communicates false information, endangering or being likely to endanger the safe operation or navigation of a ship or ships; or i) engages in an act constituting an offense under article 3 of the 1988 Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation; or j) engages in an act constituting an offense under article 2 of the 1988 Protocol for the Suppression of Unlawful Acts Against the Safety of Fixed Platforms Located on the Continental Shelf; or k) engages in any of the acts described in sub-Sections II (3) (a)—(i), to the extent applicable, where such acts involve an offshore installation or affect a person or persons on an offshore installation. 4. Maritime violence is also committed when any person or persons, for any unlawful purpose, intentionally or recklessly endangers or damages the marine environment, or the coastline, maritime facilities or related interests of a State or States. 5. An attempt to commit any of the offenses listed in sub-Sections I (1), (2), (3) or (4), or any unlawful effort intended to aid, abet, counsel or procure the commission of any of these offenses, or threats to commit any of them, shall constitute maritime violence. 6. Notwithstanding the definitions in sub-Sections I (1), (2), (3), (4), and (5), reasonable acts to rescue a person or to recover stolen property or to regain lawful control of a ship or offshore installation shall not constitute piracy or maritime violence. 7. Notwithstanding the definitions in sub-Sections I (1), (2), (3), (4) and (5), reasonable or proportionate acts to protect a person, ship or offshore installation, or related property, against piracy or maritime violence shall not constitute piracy or maritime violence. 8. a) The term ship as used in this law includes any type of vessel or other water craft. b) The term person as used in this law includes, where applicable, entities having juridical personality as well as individual natural persons. Section II: Jurisdiction and Extradition 1. Jurisdiction to prosecute piracy as defined in sub-Sections I (1) (a)and (b) shall lie as set forth in the relevant Convention. 2. The offences defined in sub-Sections I (2), (3), (4) and (5) shall be prosecuted if committed within the territory, internal waters or territorial sea of [name of enacting State], and to the degree that the exercise of national jurisdiction is permitted by the 1958 Geneva Conventions on the High Seas and Contiguous Zone or the 1982 Convention on the Law of the Sea, within the exclusive economic zone, continental shelf, contiguous zone or archepelagic waters of [name of enacting State], and on the high seas or in any place outside the jurisdiction of any State. 3. The offences defined in Section I shall be prosecuted if committed: a) on board a ship entitled to fly the flag of [name of enacting State], wherever located; or b) on an offshore installation belonging to or licensed by [name of enacting State]. 4. Jurisdiction to prosecute shall also lie when the person accused of committing an offence defined in Section I is a citizen or national of [name of enacting State], or is an alien resident in [name of enacting State], or is a stateless person. 5. Jurisdiction to prosecute shall also lie when an offence defined in Section I is committed against a seafarer, passenger or shipowner who is a citizen or national of, or is an alien resident in [name of enacting State]. 6. Extradition to [name of enacting State] may take place when another State has jurisdiction over the offences defined in sub-Sections I (1), (2), (3), (4) or (5). The possession of jurisdiction by [name of enacting State] shall not preclude the extradition of an alleged offender to another State or States under appropriate circumstances. 7. Trial of an alleged offender in absentia shall be allowed as permitted under the law of [name of enacting State]. Section III: Prosecution, Punishment, Forfeiture and Restitution 1. An individual found guilty of the crime of piracy shall be subject to imprisonment for a term of not more than ____ years and/or a fine of not more than ____, in addition to any restitution or forfeiture which may be required, or any other penalties which might be imposed under [relevant national law(s) of enacting State].4 2. An individual found guilty of the crime of maritime violence shall be subject to imprisonment for a term of not more than ____ years and/or a fine of not more than ____, in addition to any restitution or forfeiture which may be required, or any other penalties which might be imposed under [relevant national law(s) of enacting State].4 3. An entity with juridical personality found guilty of the crime of piracy or the crime of maritime violence shall be subject to a fine of not more than ____, in addition to any restitution or forfeiture which may be required, or any other penalties which might be imposed under [relevant national law(s) of enacting State].4 4. In cases where any person is injured or killed in connection with an incident of piracy or maritime violence, the person found guilty of the crime shall also be liable to whatever penalties exist under [relevant national law(s) of enacting State] for the injury or death. 5. In cases of loss of or damage to property in connection with an incident of piracy or maritime violence, the person found guilty of the crime shall also be liable to any other applicable penalties. 6. If another State claims jurisdiction with regard to an incident of piracy or an act of maritime violence, and the alleged offender is not brought to trial in [name of enacting State], the alleged offender shall, subject to the provisions of [relevant national law(s) of enacting State], be extradited to the requesting State. If multiple States with reasonable jurisdictional claims make requests for extradition in the absence of a trial in [name of enacting State], the alleged offender shall, subject to the provisions of [relevant national law(s) of enacting State], be extradited to one of the requesting States. 7. Ships, cargo, goods, or equipment employed in or the subject of piracy or acts of maritime violence shall be liable to forfeiture to the State. In the case of stolen property, however, any person with title may assert a claim, and the court shall have discretion to return the property. 8. Ships, cargo, goods or equipment wrongfully taken by person(s) convicted of piracy or maritime violence which were not employed in such crime(s) shall be returned to the owners upon legal proof of ownership. Converted property shall be sold and the proceeds distributed to the lawful claimants according to admiralty/maritime law, with any balance remaining being forfeited to the State. Items not claimed within the period established by law may be subject to judicial sale, or transfer to a fund for financing State or regional action to fight piracy or maritime violence. Owners of ships or cargo shall not be charged for port expenses incurred during investigation or prosecution for piracy or acts of maritime violence. 9. Nothing in sub-Sections III (1), (2), (3), (4) or (5) shall compromise or affect any rights or remedies which a person injured by an act of piracy and/or maritime violence might otherwise assert against any perpetrator of the act or acts. Section IV: Reporting of Incidents 1. Any incident which may constitute piracy or maritime violence shall be reported by the following, as applicable: (a) the Master,5 (b) the shipowner or manager, (c) the crew representative, (d) the cargo representative, (e) the insurers, (f) the investigating authorities, or (g) other persons having knowledge of the incident. Reports shall be made without delay and as soon as possible following receipt of knowledge of the incident. Reports shall be sent to [name of central national authority] and shall be in the form provided for by that authority.6 Each person or entity listed above has an obligation to report every known incident. This obligation may be met by filing a joint report, or by forwarding and commenting upon a report on the occurrence made by another listed person or entity. 2. The [name of central national authority] shall be under a continuing duty to make reports without delay and in the required formats to the International Maritime Organization (IMO)7 and the International Criminal Police Organization (INTERPOL).8 3. All incident reports made under (1) shall be open to the public. However, addenda marked "CONFIDENTIAL" and containing sensitive operational information shall not be open to the public.9 1 The Working Group is composed of representatives of the following international organizations: the Comité Maritime International (CMI), the Baltic and International Maritime Council (BIMCO), the International Chamber of Shipping (ICS), the International Criminal Police Organization (INTERPOL), the International Group of P&I Clubs (IGP&I), the ICC International Maritime Bureau (ICC-IMB), the International Maritime Organization (IMO), the International Transport Workers Federation (ITF), the International Union of Marine Insurance (IUMI), and the United Nations (Office of Legal Affairs / Division for Ocean Affairs and the Law of the Sea) (UN OLA / DOALOS). 2 The Working Group also specifically urges accession to and adoption into national law of the 1988 Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation and (where applicable) the related 1988 Protocol on Fixed Platforms, and of the 1982 Convention on the Law of the Sea. The Group notes that care should be taken in the drafting of appropriate legislation, as many existing national laws do not directly track provisions of these internationalconventions. Attention is also drawn to the IMO Draft Regional Agreement on Co-operation in Preventing and Suppressing Acts of Piracy and Armed Robbery Against Ships (MSC/Circ.622/Rev.1, Annex, Appendix 5), and to the IMO Draft Code of Practice/Instruments/Guidance Note for the Investigation of the Crime of Piracy and Armed Robbery Against Ships, being developed by the Maritime Safety Committee.. 3 The act of piracy defined in sub-Section I (2) and the acts of maritime violence as defined in sub-Sections I (3) and (4) are separate offences; neither one includes piracy as defined in sub-Section I (1). 4 Penalties should take into account the grave nature of these offences and be severe enough to deter such acts. States are encouraged to consider standardizing such punishments. 5 The Master is to report without delay to the police and/or maritime authorities of the State in which the incident occurred or which is the coastal State nearest to the position of the incident, and also to the Administration of the Flag State. 6 See the forms in IMO MSC/Circ.622/Rev.1,Annex, Appendices 3 and 4, and MSC/Circ.623/ Rev.1, Annex, Appendices 2 and 4. 7 Refer to IMO MSC/Circ.622/Rev.1, Annex, Appendix 4, and MSC 59/33, paragraph 19.22. 8 The Working Group encourages inclusion of the obligation to report to appropriate non-governmental organizations such as the ICC International Maritime Bureau (ICC—IMB). 9 In the absence of appropriate legal action, where available, to compel disclosure of such information.